Opinion
Argued September 28, 1972
Decided November 2, 1972
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, PHILIP G. COFFEY, J.
Bernard Evans Harvith for appellant.
Roger J. Miner, District Attorney, for respondent.
Order affirmed; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.